KNOWLEDGE

CENTRE

Upper Tribunal Rules on Protection Claims by Ukraine Draft-Evaders

As the war in Eastern Ukraine rages on, there has been a marked increase in the number of Ukrainians migrating to the UK. Many of them are young men seeking asylum, evading the military draft re-introduced in Ukraine...

Latest on TOEIC/ETS cases - Court of Appeal case of Khan

Those familiar with TOEIC/ETS deception cases will be aware that these cases have led to a considerable amount of litigation. The latest Court of Appeal case of Khan & Ors v Secretary of State for the Home Department...

Delay in Immigration Tribunal Decision-Making

Delay is a common concept in the context of decision making by UK Visas & Immigration.  In SS (Sri Lanka) [2018] EWCA Civ 139, the Court of Appeal recently considered delay in the promulgation of judgments/determinations...

Immigration Appeal Adjournments in the First-tier Immigration Tribunal

Although waiting times for an immigration appeal in the UK are currently very long, with an average of 12 months, there may be circumstances where an adjournment is necessary to allow further time to...

High Court and Court of Appeal criticise conduct of legal representatives

The High Court and Court of Appeal have been very vocal over the past week in their criticism of legal representatives’ preparation of immigration cases. As I set out in detail in an earlier post, in Parveen...

Immigration Lawyers Must Focus On Facts Not Law, Says Court Of Appeal

Yesterday the Court of Appeal considered the case of Parveen v The Secretary State for the Home Department [2018] EWCA Civ 932, on appeal from an oral permission hearing in the Upper Tribunal to judicially review...

Section 3C leave & Judicial review - Has it come to an end or not?

In the current version (8.0) of her policy, titled “Leave extended by section 3C (and leave extended by section 3D in transitional cases)”, published on 6 March 2017, the Secretary of State for the Home Department...

Does the protection of section 3C extend to out of time appeals?

Whether a migrant is protected under section 3C of the Immigration Act 1971 (“s.3C”) is often not too complicated to figure out. If they have made an in-time application and a decision is received after the...

Extended Family Members of EU Nationals have Right of Appeal - Muhammad Yasir Khan [2017] EWCA Civ 1755

In an important case to protect the rights of EU nationals and their family members in the UK, the Court of Appeal has overturned the Sala (EFMs: Right of Appeal) [2016] UKUT 411 decision in relation to...

Virtually Judging Immigration Hearings

Imagine your case management hearing in the Immigration and Asylum Chamber taking place in a fully virtual courtroom, a Microsoft built prototype. Well, it is a possibility come this October. Home Office Presenting...

Family members of EEA nationals: When can an appeal stop removal?

In Bilal Ahmed, the Court of Appeal concluded that an appeal under the EEA Regulations against a decision to refuse to issue an EEA document does not prevent the removal of the appellant where there is no other...

Re-inspection of the administrative review process, published in July 2017

The Independent Chief Inspector of Borders and Immigration (ICIBI) report on a re-inspection of the administrative review process, published in July 2017 was published on 13 July 2017. Pursuant to section...